1. Important Notice

These Website Terms of Use apply to your use of the Monkey Music website (“website”) and should be read in conjunction with our Privacy Notice at https://www.monkeymusic.co.uk/privacy-notice and our Cookie Policy at https://www.monkeymusic.co.uk/cookie-policy which tell you how we collect and use personal data you provide to us or which we collect.

By accessing or using the website, you confirm you have read, understood and agree to be legally bound by these terms, our Privacy Notice and our Cookies Policy each time you access the website. If you do not agree to these terms, the Privacy Notice and/or the Cookies Policy, please do not use the website.

We reserve the right to change these terms at any time without notice. It is your responsibility to check the terms regularly in order to be aware of any changes which we make. By continuing to access or use this website after the terms have changed, you are agreeing that you have read, understood and agree to be bound by the updated terms.

2. Information about us

This website is a site operated by Monkey Music Limited, a company incorporated in England and Wales with company number 03155505. Our registered office is at: Unit 16 Thrales End Farm, Thrales End Lane, Harpenden, Hertfordshire, United Kingdom AL5 3NS. Our VAT number is 685 1332 30.

To contact us, please email [email protected].

3. Use of the website

You must use this website for lawful purposes only. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

You may not use our website:

  • for the purpose of harming or attempting to harm minors in any way;
  • to bully, insult, intimidate or humiliate any person;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards at 10 below; or
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.

You must not, without first obtaining our express written consent:

  • remove any copyright, trademark or other intellectual property notices;
  • use the website to transmit or procure the sending of any unsolicited or unauthorised spam or advertising material;
  • seek to interfere or damage the website or its content;
  • frame, embed, harvest, scrape data from or link to this website or its content or use the material on this website, or any part of it, on any other website or social media platform.

4. Content on this website

The content of the pages of this website is for your general information and use only. We reserve the right to alter, remove or update materials and information on this website at any time without notice.

Neither we nor any third parties provide any warranty or guarantee (express or implied) as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

5. Availability of the website

We reserve the right to suspend access to all or part of the website or close it indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.

To the extent permitted by law, we accept no liability if the website becomes either temporarily or permanently unavailable. In addition, we do not warrant that the functions or materials on, or accessed from, this website shall be uninterrupted or free from errors.

6. Ownership of the website

This website contains materials to which the intellectual property rights are owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, photographs, graphics, written and other material including the program and code. Our rights include trademarks, copyright, design rights and all other intellectual property rights and all our rights are reserved. If you acquire any rights in or to the website or materials on it, you agree to assign those rights, on a worldwide basis, to us and unconditionally and irrevocably waive all moral rights you may have acquired.

Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

7. Viruses and hacking

We do not warrant that the website, its content or the server(s) that make it available are error or virus free of other harmful components. You are accessing this website at your own risk and to the extent permitted by law and subject to 13 below, we will not be liable for any loss or damage suffered by you as a result of viruses or other harmful material which you access from this website.

You are solely responsible for ensuring that you have suitable equipment, security and virus protection in place before using this website.

You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not introduce viruses, Trojan horses, worms, logic bombs, spyware, adware or other harmful materials to this website, which may adversely affect the operation of any computer, program or this website.

8. Linking to and from this website

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

9. User-generated content

This website may include photographs and other materials uploaded by other users of the website.

If you wish to complain about content uploaded by other users, please contact us on [email protected].

Whenever you make use of a feature that allows you to upload content to our website you must comply with the content standards set out in Section 10.

You warrant that any upload by you complies with those standards. You will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our website will be considered non-confidential. Although you retain all of your ownership rights in your content, when you upload content to our website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence (including the right to sub-licence) to use the content for the purposes of promoting our business including  our website and to, reproduce, distribute, prepare derivative works of, display and perform that user-generated content in connection with our website, our business and across different media.

We also have the right to disclose your identity to any third-party who claims that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights or their right to privacy.

We have the right to refuse or remove any content you upload on our website if, in our opinion, your content does not comply with the standards set out in these terms of use.

10. User-generated content standards

These standards apply to any and all material you contribute to our site (“Contribution”). The standards must be complied with in spirit as well as to the letter and apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches these standards.

A Contribution must be accurate (where it states facts), be genuinely held (where it states opinion) and comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • be defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • bully, insult, intimidate or humiliate;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • give the impression that the Upload emanates from us, if this is not the case;
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
  • contain any advertising or promote any services or web links to other sites.

 

11. Breach of these terms

Where we consider that a breach of these terms has occurred we may take all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our website;
  • immediate, temporary or permanent removal of any Contribution uploaded by you to our website;
  • issue a warning to you;
  • legal proceedings against you for reimbursement of all loss and damage (including costs suffered or incurred by us) on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to a breach of these terms. The actions we may take are not limited to those described above and we may take any other action we reasonably deem to be appropriate.

12. Passwords

There are sections of this website that can only be accessed by users who have been given a password. If we do provide you with a user name and password, it is your responsibility to ensure that these details are kept confidential at all times and you must not disclose your password to any third party.

In the event that a third party gains access to your username or password, you should notify us immediately at [email protected]. We are not liable for any loss resulting from your failure to protect the confidentiality of your user name or password.

13. Our liability

If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted, accessed or used this website and accepted these terms in doing so. We do not accept liability for any loss or damage which was not foreseeable.

To the extent we may lawfully do so, we exclude liability for any implied terms and conditions including those implied by statute, common law or the law of equity. However, nothing in these terms shall affect our liability for death or personal injury caused by our negligence, nor our liability for fraud or serious misrepresentation, nor any other liability that cannot be excluded or limited under applicable law. 

Nothing in these terms affect your legal rights as a consumer. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

14. Laws

If any of these terms are found to be invalid by any court or regulator, the other terms shall continue to apply.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

No waiver shall constitute a waiver of any other terms. No failure by us to exercise a remedy shall constitute a waiver to subsequently exercise any remedy.